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BREAKING: Devastating News for Fulton County Election Audit, Judge Rules in Favor of Election Workers’ Claim of ‘Sovereign Immunity’
Becker News ^
| June 24, 2021
| Kyle Becker
Posted on 06/24/2021 6:20:36 PM PDT by Dr. Franklin
Judge Brian Amero has ruled in favor of Fulton County election workers in a devastating ruling that jeopardizes whether the county’s election audit can proceed. The legal determination was made on Thursday night.
“A judge dismissed most of a lawsuit Thursday seeking a deep inspection of Fulton County absentee ballots from last year’s presidential election, a review pursued by voters trying to find fraud,” the Atlanta-Journal Constitution reported.
“Superior Court Judge Brian Amero’s ruling jeopardizes the prospects for the ballot inspection to continue, though a plaintiff in the lawsuit said he believes it will soon move forward,” the report added.
The case brought by Garland Favorito hinges on ‘discovery’ to determine if Fulton County election workers, the defendants in the case, scanned absentee ballots multiple times through tabulators, as appeared to be the case with State Farm Arena’s CCTV video surveillance from election night. ... The lawyers also claimed sovereign immunity to keep the ballots from being subpoenaed for discovery. The judge obviously agreed and essentially ruled that the state cannot be compelled to show independent parties that ballots cast in an election were valid.
(Excerpt) Read more at beckernews.com ...
TOPICS: Local News
KEYWORDS: audit; ballotdumping; electionfraud; ga; georgia; trump
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To: Dr. Franklin
We call it a democratic republic,Not sure to whom you’re referring as “we,” but I and any self respecting American call it a representative republic
41
posted on
06/24/2021 8:26:26 PM PDT
by
Ahithophel
(Communication is an art form susceptible to sudden technical failure)
To: Dr. Franklin
Corrupt judges are a “dime a dozen” in the U.S. legal system.
Proof of this not only this clown, but also the machinations of low life like Amy Berman Jackson & Emitt Sullivan.
It wouldn’t be the first time, back during the Watergate “take down” two judges presided over all the Watergate defendant trials. Those defendants were prosecuted by JFK & LBJ lawyers embedded in the DOJ.
Sound familiar?
42
posted on
06/24/2021 8:49:54 PM PDT
by
unclebankster
(Globalism is the last refuge of a scoundrel)
To: Ahithophel
Or a Constitutional Republic.
To: Qui is ; Ahithophel
Democratic republic? Like North Korea (DPRK - Democratic Peoples Republic of Korea).
Wrong. A democratic republic is communism. There is nothing democratic about North Korea or any Stalinist regime, and they don't claim to be. Your definitions don't match with standard academic usage of the term:
Democratic republic "A democratic republic is a form of government operating on principles adopted from a republic and a democracy. Rather than being a cross between two entirely separate systems, democratic republics may function on principles shared by both republics and democracies.
Common definitions of the terms democracy and republic often feature overlapping concerns, suggesting that many democracies function as republics, and many republics operate on democratic principles, as shown by these definitions from the Oxford English Dictionary:
Republic: "A state in which supreme power is held by the people and their elected representatives..." Democracy: "A system of government by the whole population or all the eligible members of a state, typically through elected representatives."
Eugene Volokh of the UCLA School of Law notes that the United States exemplifies the varied nature of a constitutional republic—a country where some decisions (often local) are made by direct democratic processes, while others (often federal) are made by democratically elected representatives. As with many large systems, US governance is incompletely described by any single term. It also employs the concept, for instance, of a constitutional democracy in which a court system is involved in matters of jurisprudence."
So when the people get to vote on things like constitutional amendments directly, that is a democratic element of a democratic republic. In a democratic republic, people have rights to see and count the ballots which they may not have in a constitutional republic, since in the latter everything depends on the judges opinion of the law.
44
posted on
06/25/2021 5:18:42 AM PDT
by
Dr. Franklin
("A republic, if you can keep it." )
To: HandBasketHell
What’s to stop the GA state Senate from ordering an audit like the AZ Senate did? A lack of the testicular fortitude of the athletes favored to medal in the Olympic Women's Weight Lifting competition.
45
posted on
06/25/2021 5:36:21 AM PDT
by
Pilsner
To: unclebankster
Corrupt judges are a “dime a dozen” in the U.S. legal system.
Proof of this not only this clown, but also the machinations of low life like Amy Berman Jackson & Emitt Sullivan.
I agree. Too many judges are just political hacks. I think the problem is actually worse because judges are being blackmailed. Europe has much stricter privacy laws largely due to the experience with communist regimes maintaining files on people used for political purposes. Without that experience, privacy laws in the U.S. are almost nonexistent by comparison. While we were concerned that Big Brother would be the government watching over us, it has become something more sinister, a fascist Big Tech that spies on our every move and then shares that information with the government whenever it is requested. All of that tracking and spying can and is used for political control.
46
posted on
06/25/2021 5:45:35 AM PDT
by
Dr. Franklin
("A republic, if you can keep it." )
To: Dr. Franklin
Upfront, I will admit that I have zero knowledge of Georgia’s jurisprudence when it comes to Sovereign Immunity. I have done a pretty deep dive on the subject bat the federal level. For it to apply to election workers, there must be 1) a statutory basis, 2) an odd line of cases that goes back probably to Reconstruction, or 3) a goofball judge getting creative for whatever reason (corruption, etc ..). It could be a combination of all 3. This just seems like an application of Sovereign Immunity that probably won’t hold up.
47
posted on
06/25/2021 6:06:19 AM PDT
by
cdcdawg
(It's all so tiresome.)
To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
One Demagogic Party judge, delaying tactic, keep watching.
48
posted on
06/25/2021 6:06:25 AM PDT
by
SunkenCiv
(Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
To: Dr. Franklin
49
posted on
06/25/2021 6:28:28 AM PDT
by
KKDucMan
To: KKDucMan
Sorry, was intended as response to post #35.
50
posted on
06/25/2021 6:33:32 AM PDT
by
KKDucMan
To: Dr. Franklin
One step forward; however, in the longer term I fear this is two steps back… The next lawfare chess move looks transparent, but maybe I’m wrong.
In the Atlanta ballot lawsuit Henry County Superior Court Chief Judge Brian Amero has granted the ability of Fulton county, the county elections board, and county courts clerk, as offices, to be removed as defendants in the lawsuit filed by Garland Favorito and nine plaintiffs. However, Judge Amero kept the lawsuit alive by granting the plaintiffs’ request to add individual members of the county board of elections as respondents.
The problem this presents is transparent. The next move by Lawfare lawyers representing opposition to the case will be for each of the individual members to now claim sovereign immunity as none of their specifically individual actions will be identified as contributing to any ballot fraud. This level of legal confidence seems present in the defense statements after the ruling was released:
“Don Samuel, an attorney for the Fulton elections board, said he planned to file motions to dismiss the claims against the board members because there are no allegations they had a role in counting the county’s ballots.” (link)
Favorito released a statement showing confidence in the result. However, CTH is not so sure.
(link to VoterGA)
Perhaps the plaintiff lawyers have a good argument to focus on the individual board members, but in my experience any petition therein would have to show direct evidence linking a specific person to the specific harm claimed by the plaintiff.
If the Fulton County board of elections is not responsible for the way the ballot counting was handled, it seems challenging to identify a specific member of that board who would be responsible. I’m not a lawyer, but that’s the way the defense argument seems to be framed.
The bottom line in this private civil lawsuit is the harm needs to be identified in order for the discovery, the actual inspection of the 147,000 absentee ballots, to be conducted. The plaintiff is alleging harm based on the sworn depositions of election workers. However, the defense is telling the court that a specific person will need to be identified as responsible for the alleged fraud the election workers are claiming to have witnessed. This is a typical Lawfare catch-22.
The solution for this is obviously the Georgia Senate ordering an audit of those ballots via a legislative subpoena. However, it doesn’t appear the Georgia legislature has taken any steps toward that goal.
I may be wrong, but I am less optimistic now than before.
51
posted on
06/25/2021 6:39:37 AM PDT
by
Bratch
To: Dr. Franklin
The Georgia legislature is going to have to take charge of this. Everyone should be calling their state reps and senators.
52
posted on
06/25/2021 7:17:22 AM PDT
by
Georgia Girl 2
(The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
To: KKDucMan
Thanks. I don’t see this as being a step in the right direction, or a victory for the plaintiffs. The plaintiffs might do better by making this a federal action for deprivation of civil rights, or conspiracy to deprive civil rights, but in recent years the federal courts have been hostile to such actions. The issue isn’t monetary damages, but the ability to compel a subpoena at this point to get high resolution scans of the ballots in question. They already got low resolution scans of them.
53
posted on
06/25/2021 7:24:11 AM PDT
by
Dr. Franklin
("A republic, if you can keep it." )
To: Georgia Girl 2
The Georgia legislature is going to have to take charge of this. Everyone should be calling their state reps and senators.
It certainly would be better if they did. The legal issue here is the rights of ordinary citizens to examine the ballots sufficiently to determine if they have free and fair elections in GA.
54
posted on
06/25/2021 7:25:59 AM PDT
by
Dr. Franklin
("A republic, if you can keep it." )
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